Money Moral Dilemma: Should I pay for the window and gutter cleaning I wasn't told about?

CapeTown

marion_witton said:

It is trespass. My solicitor neighbour wouldn’t help when our joint drainpipe leaked into my living room so I arranged and paid for its replacement. He took me to court and won as I had trespassed into his airspace when the T bar his side was fixed to his guttering. It cost me £67,500 in costs and fees for a 9 inch piece of pipe. Everyone should be aware that if you reach over or go round next door to fix a fence without permission, you are trespassing. Apparently, and I didn’t know this, you have to apply for permission under the Access to Neighbouring land act if you or in your case your neighbour wants to access next door’s land.

What!!!!? That is appalling.  How can they justify £67500. 

grumpyoldperson

my neighbour gets a hedge trimmer in once a year and never asks if we would like ours done at the same time.  I think you are lucky that you have such a thoughtful neighbour.  I would clear up any future arrangement wishes with them but its so not worth falling out over

jedav

You don't mention the property type, which may have a bearing (flats/ house) or whether you were in on the day of the work and could have prevented it, both of which have a bearing.  You also don't mention the quality of your current relationship with them.

It might be worth putting in writing to the neighbour, with independent proof of delivery, that you will not pay for any work that they arrange in future without your express permission.  It is also worth mentioning to them that they have caused someone trespassed on your property (depending on property type, if that's what happened).  Don't forget to thank them for taking responsibility, though.  You could consider getting a solicitor involved, although I would also talk to them before the letter, so that it's not a complete surprise.  It depends on how you judge their personalities.

The suggestion of only paying for gutter cleaning is interesting, depending on property type.  If you pay anything use the phrase "without prejudice" so that it can't be interpreted as setting a precedent.

Be careful because you still have to live next to them.  I had a boundary dispute with a neighbour, involved a solicitor, and they made my life very unpleasant for several months.  I used to stay late at work to avoid the inevitable knock on the door for a haranguing.  I won and relations calmed down, but I used to do their garden so that may have helped.  I found it worthwhile using the solicitor as a professional third party so I was slightly removed from the situation.  You will have to make that decision based on what you know of them - we can't help.

SeemaqJee

No. They didn't ask, in advance, if you would want the work done. They got a person, unknown to you, to trespass on your property, do work on your property, without your permission. They are on very thin legal ground. Next time you're prunning your plants, dig up their garden. It's what you think they wanted. 

RozMac

Oh dear ! We live in a semi and the downpipe for the shared gutter is on our side. Twice we’ve had some one come clean gutters down pipe and put in new soak away, never dawned on me we should have shared cost with neighbour. For sure, we won’t be doing it again without neighbour consultation. 

Hummybee

grumpyoldperson said:

my neighbour gets a hedge trimmer in once a year and never asks if we would like ours done at the same time.  I think you are lucky that you have such a thoughtful neighbour.  I would clear up any future arrangement wishes with them but its so not worth falling out over

They were being helpful but this is about the costs being requested.  Does your neighbour charge you for their time?

Ed264

Many different opinions here. I would say reluctantly pay your share, but make it very clear that you will not tolerate this behaviour again.

Missi_xxx

Yes, absolutely pay up. Your neighbour probably feels you are closer than you believe. Discuss the issue over a cup of tea.

gloriouslyhappy

marion_witton said:

It is trespass. My solicitor neighbour wouldn’t help when our joint drainpipe leaked into my living room so I arranged and paid for its replacement. He took me to court and won as I had trespassed into his airspace when the T bar his side was fixed to his guttering. It cost me £67,500 in costs and fees for a 9 inch piece of pipe. Everyone should be aware that if you reach over or go round next door to fix a fence without permission, you are trespassing. Apparently, and I didn’t know this, you have to apply for permission under the Access to Neighbouring land act if you or in your case your neighbour wants to access next door’s land.

Seriously? !!!!!!! A leaking drainpipe needs fixing, how did the court award so much? Any help from the company you used, they must have insurance and should know the trespassing rules if they're a reputable business - do they have insurance? And surely the Access to Neighbouring act allows for emergencies, like a leaking pipe?

Bahhumbug

It was extremely short notice but they still let you know before the cleaning happened. Essentially it boils down to this: if you subsequently had it done, you need to pay.

That said, I strongly agree with what others have said here, you need to have a conversation with them as soon as possible about how deal with such issues in the future (were they being genuinely helpful or were they testing your boundaries?).